Riding on the Supreme Court directive seeking gram sabha meeting for recording the forest as well as religious rights of the Dongoria Kondhs and other traditional forest dwellers (OTDF) in the Niyamgiri hills, the Ministry of Tribal Affairs (MoTA) has asked the Odisha Government to ensure that the entire proceedings are held in an independent manner, uninfluenced by any vested interests and without coercion.
The Ministry issued a full set of instructions after apprehensions were raised that proceedings of gram sabhas in Rayagada and Kalahandi districts could be influenced.
The instructions, issued on May 2 to Commissioner-cum-Secretary of SC and ST Development Department Santosh Kumar Sarangi, calls for compliance of procedures with regard to recording of forest rights and protection of cultural and religious rights over 660.74 hectares of forest land where the Odisha Mining Corporation (OMC) had proposed to undertake the Bauxite Mining Project (BMP).
While the apex court had directed that a judicial officer in the rank of District Judge verify the proceedings which would be videographed, the Ministry said the State could also request local MPs and MLAs to be present as observers during the meeting of the Palli Sabhas. No company representative can, however, remain present.
The Ministry has asked the State to widely publicise the issue by bringing out advertisements in vernacular dailies circulated in the two districts so that maximum number of applications for individual or community rights as per the Forest Rights Act or cultural and religious rights over any part of the 660.749 hectares of forest land are submitted. It also said that copy of the notification be sent to all civil society and NGOs active in these two districts so that transparency is maintained in identification of claims.
The advertisements should also be posted in all villages and settlements within Kalahandi and Rayagada districts even if they are far from the forest area proposed to be transferred to OMC.
The State Government should prepare a list of villages and hamlets that have been traditionally grazing their cattle, collecting minor forest products, protecting forests, worshipping deities or otherwise using the forest land demanded by OMC for the BMP. Old Survey and Settlement reports and the Forest Working Plans should also be referred to identify the villages which have had traditional access to the proposed mining lease area, the MoTA letter said.
The instructions issued by MoTA were hailed by tribal rights activists. President of Lok Shakti Abhijan Prafulla Samantra said the Ministry has clearly stated that NGO activists would remain present during the meeting which will ensure fair conduct of palli sabhas. “Else, there were fair chances that security forces would be deployed on the pretext of combing and the whole exercise will be compromised,” he added.